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Sanjeev Juneja And Anr vs Terrace Pharmaceutical Private Ltd on 22 July, 2022

Relying upon 2010 (36) RCR (Civil) 268 titled as 'Gufic Ltd. and another v. Clinique Laboratories Lic & another', he has further submitted that the trial Court again fell into an error by relying upon 'Rajnish Aggarwal and others v. Anantam' 2009 (38) RCR (Civil) 473, which too was based upon the findings recorded by the learned Single Judge of Hon'ble the Delhi High Court in Clinique Laboratories's case (supra). He has submitted that the foundation of the impugned order, which was based upon the above two judgments of Hon'ble the Delhi High Court, no longer holds good and thus, the impugned order deserved to be set aside. Hence, both the statutory provisions of Section 28(3) read with Section 30(2)(e) of the Act and the binding judicial precedents would render the plaint of the respondent/plaintiff liable to be rejected under Order VII Rule 11 CPC. More so, since the trial Court had failed to appreciate and consider that the plaint (Annexure P32) was not only barred by operation of law but, as already submitted, did not even disclose any cause of action.
Punjab-Haryana High Court Cites 37 - Cited by 0 - M N Kaul - Full Document

Abros Sports International Pvt. Ltd vs Ashish Bansal And Ors on 13 May, 2025

(vi) The invoice dated 1 September 2020, filed by Respondent 1, does not reflect the mark NEBROS anywhere and, in fact, does not reflect any mark at all. It cannot, therefore, be regarded as evidence of user by the respondents of the NEBROS mark. Reliance is placed, in this context, on para 34 of the judgment of the Supreme Court in Satyam Infoway Ltd v Sifynet Solutions Pvt 24 AIR 1960 SC 142 Signature Not Verified Digitally Signed By:AJIT FAO(OS) (COMM) 140/2024 Page 19 of 51 KUMAR Signing Date:13.05.2025 16:36:02 Ltd25 and on the judgment of a learned Single Judge of this Court in Rajnish Aggrwal v Anantam26.
Delhi High Court Cites 73 - Cited by 0 - C H Shankar - Full Document
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